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20130420
20130420
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him before he receives miranda warning is the right thing to do. a short time ago, the aclu put out a statement saying every defendant is entitled to defend miranda lights. five lawmakers want him treated as an enemy combatant. 53 people remain in boston hospitals today, three in critical condition, including a 7-year-old girl. nbc news national investigative correspondent michaels i cough is in boston, ron allen outside boston's beth israel medical center where the suspect and many of the victims are being kept and kristen we willinger at the white house, let's get to the latest on investigation. for that, we turn to michaels i cough, again, in boston. what is the fbi focusing on today and moving forward? >> reporter: federal prosecutors are focusing on drafting a criminal complaint we could see as early as this afternoon, detailing the criminal charges against him supported by an affidavit from an fbi agent that would lay out some details of the plot. not all of them but could provide crucial new information for us about what tsarnaev actually did and raise and shed some light on
understand if he is indeed conscious and does survive before reading him miranda rights; is that correct? >> i believe molly line will be talking about that a little bit as well. there is a loophole. there is a way they don't have to. so he was not read his miranda rights to allow to ask questions of him. we don't know if questions have been asked. they may have asked questions of him when he was under the situation he was in, of course being pretty seriously injured. they do believe he is going to make it. that was something, not only important for them to do that because that is what we do in this society but important because of this investigation. last night we were told he was being brought here for treatment. we weren't too far behind the ambulance. as you made your way through boston, you could see many of the businesses reopened. you saw restaurants and bars reopened. at one point there was a small college and 500 students had gone into the streets and blocked off all four lanes cheering, holding signs and as first responders and medical teams came through that had nothing to do
miranda rights and there is it a safety exception that allows you 48 hour to see if there is any bombs that may be connected with the attack. under the law of war, an enemy combatant and someone who takes up arms against this country, including an american citizen can be held for intelligence purposes without a lawyer and miranda warningings. the best way to get information from the suspect is hold him as an enemy combatant. it a terrorist attack and not a common crime. in 30 days he would be presented before a federal judge and the judge could review the case that the government has. i am urging this administration, please do not lawyer him up tomorrow night. you have under our statutes and supreme court cases,le authority to hold him as an enemy combatant ting gather intelligence about what is coming our way in the future. >> there is great relief in boston today but a lot of people are concern body what might be to come whether it is it inspired by the actions or a connection, we really don't know the answer to that question yet, do we senator? >> it is impossible between now and to
, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is engaged and it's the attorney general of the department of justice that makes that final decision. >> martha: all right. so there you have that. let's bring in fox news legal analyst peter johnson, jr. peter, welcome. >> how are you? >> martha: that's the u.s. attorney on this case in boston. she says it's too early to talk about death penalty. >> i was really surprised and disturbed as an american and as a lawyer in watching that last night. you couldn't think of a more weak insip mid remark that she was making. the charges that will be filed in this case, i haven't seen them, but i can approximate what they are -- are death penalty charges under federal law, including u
, as well. mccain and graham says the injured suspect is not entitled to his miranda rights. they want him to be treated as an enemy combatant. it's a non-debate for him. the mother-in-law she is sickened by the horror inflicted. the family realizes now they never really new tamerian tsarnaev, the suspect number one and cannot begin to comprehend this tragedy. we are all over the developments including something going on in the city of chicago. more on that in a second. here is what we got for you now. mike tobin in watertown, massachusetts. what is the latest on the investigation there. ed henry at the white house responding to all these crosscurrents everywhere. to eric shawn where the injured suspect remains not surprisingly under heavy guard. mike? >> reporter: neil, this is the i dill i can neighborhood where it came to an end in a blaze of gunfire. the view of the helicopter pilot had there was someone hiding in that boat. he was wounded and bleeding, dzhokar tsarnaev half an hour from the cover of night that could have allowed him to move again. there were federal agents and guns dr
okayed the suspension of the suspect's miranda rights. is that a temporary suspension? >> reporter: yes, by law it is. it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrog
to not read him his miranda rights immediately so he doesn't have the right to remain silent to make sure there is no other plot out there. and senators put out a statement saying we remain under threat from radical islam and hope the obama administration will consider the enemy combatant option. that means is that this suspect if recovers could be spent down to the military court system. the president signaled the open it? a statement saying what he believes distinguishes america is that we have our own civilian court system. so he's getting pressure tonight he is signaling he'll probably put him, if he survives. >> ed henry live this saturday morning. last time we heard from authorities the news was not good. authorities came to the microphone, told people they'd not been able to find a second suspect they were lifting shelter in place order but there are questions about this this investigation was going and then, just minutes later they located a second suspect in watertown. the area they'd been combing all day long. mike tobin with news he's live this morning. mike, end of this thing
news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word from the hospital or are they staying somewhat silent on that? >> reporter: absolutely silent, alex.
department official says tsarnaev will not be read his miranda rights because the government is invoking a public safety exception. that exception is triggered when police have an objectively reasonable need to protect the police or the public from immediate danger. tsarnaev will be questioned by a special federal interrogation team for high-value suspects. >> president barak obama and republicans used their weekly addresses to celebrate the resolve americans demonstrated after the attack on the boston marathon. in the address obama emphsized that "the world witnessed one sure and steadfast truth: americans refuse to be terrorized." >> ultimately, that's what we'll remember from this week. that's what will remain. stories of heroism and kindness; resolve and resilience; generosity and love. in the days to come, we will remain vigilant as a nation. and i have no doubt the city of boston and its surrounding communities will continue to respond in the same proud and heroic way that they have thus far - and their fellow americans will be right there with them every step of the way. may god b
not read zocor his miranda rights and why? what does that mean? >> what that means is when you question a suspect in a criminal case you have to read them there miranda rights. when there's a case of exigent circumstances, public safety is involved, you get this out of the way. i need to know this for safety. are there more explosives, is there a plot to blow up more people? there's a public safety exception outside of miranda. we almost never see it but we saw it with the underwear bomber from detroit and we see it in this case. >> obviously they want todzhokhar alive, that was a priority. but what kind of condition had he been in? >> he had been shot in the neck and the leg. most likely with the amount of blood the homeowner saw, most likely from the night before. so 20 hours earlier after a fierce battle with the carjacking and the car chase, but throwing homemade grenades and one lard satchel bombs at police officers. so he had been bleeding for a long time. there is a picture we've shown earlier where you see him down on the ground being treated and there's an
Search Results 0 to 9 of about 10